6. THE RIGHT TO FAMILY LIFE Article 10 The States Parties to the present Covenant recognize that: 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses. 2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits. 3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law. 6.1 Understanding the Right to Family Life 6.1.1 Concept and Content Article 10 of the ICESCR is premised on the notion that family is “the natural and fundamental group unit of society,” especially insofar as it is responsible for the upbringing and wellbeing of children. As such, Article 10(1) emphasizes that “[t]he widest possible protection and assistance should be accorded to the family, […] particularly for its establishment and while it is responsible for the care and education of dependent children.”182 Article 10 also stipulates that marriage must be entered into with the free consent of intending spouses. Article 10(2) is concerned with the well-being of women before and after childbirth, including the provision of paid leave or leave with social security benefits for working mothers during this period. Finally, Article 10(3) requires special measures of protection and assistance to all children and young persons, with no discrimination based on parentage or other factors. It also secures the rights of children to be “protected from economic and social exploitation.” Specifically, any employment likely to “hamper their normal development” and paid child labour in violation of set age limits must be prohibited and punishable by law. 48

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents